Last Updated (Wednesday, 06 February 2013 15:42)
1. DEFINITIONS AND INTERPRETATION
In these Conditions the following expressions shall have the meanings here ascribed to them unless the context requires otherwise:
2. BASIS OF THE SALE
2.1 The Company shall sell, and the Customer shall purchase the Goods in accordance with prices noted on the website on the day that the order is received by the Company. Any specific alteration to the price due to special offer or discount shall have unique terms written for approval between both the Company and the Customer.
2.2 No variation to these Conditions shall be binding unless previously agreed in writing between the authorised representatives of the Customer and the Company’s CEO/Board.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
3.1 No order submitted by the Customer shall be deemed to be accepted by the Company until full details of the Customer and Person Requesting the Order are received with appropriate payment method instruction.
3.1.1 Payment can be made using cheque, credit/debit card (via Paypal) or BACs
18.104.22.168 Credit/debit card payments are subject to 4% surcharge on the total
3.1.2 Guarantee of payment via purchase order, at the discretion of the Company
3.2 The Customer shall be solely responsible to the Company for ensuring the accuracy of the order (including number of packs and specific order details).
3.3 The quantity, quality and description of any Goods shall be those set out on the Company’s website on the date of the order being received by the Company.
3.4 Orders received by the Company shall be considered lapsed if no payment or Purchase Order to guarantee payment has been received by the Company from the Customer within 14 days of the date of the order being received.
3.5 The Company reserves the right to withdraw any product and to modify the design or content of its Goods without previous notice.
4. PRICE OF THE GOODS
4.1 The price of the Goods (hardcopy and licenses) shall be the price quoted on the Company’s website. All prices quoted are valid for 14 days only, after which time they may be altered by the Company without giving notice to the Customer.
4.1.1 The Company conducts an annual price review with changes made every March, and applied at the beginning of April.
4.1.2 The Company suspends sales for the final two weeks of March to accommodate this change.
4.1.3 The Company will inform Customers of this change and sales suspension via email and/or on the Company’s website.
4.2 Quoted prices exclude all postage and packing costs for hardcopy resources.
4.2.1 All orders within the UK and Republic of Ireland incur postage and packing for Goods up to 12kg.
4.2.2 Rest of world, price will be quoted by the Supplier and agreed upon request by the Customer.
4.2.3 Where the Customer requests alternative delivery of Goods, the Company will agree to delivery by Royal Mail standard delivery, but will not accept liability for any loss of damage of goods during delivery. This will be agreed in writing by the Customer and the Company.
4.3 The price of hardcopy resources is inclusive of any applicable value added or other sales tax.
4.4 The price of a license is for unlimited access for a continuous 12 month period from the date of purchase. These prices are subject to 20% VAT.
5. TERMS OF PAYMENT
5.1 The Supplier will invoice the Customer for the price of the Goods on or at any time after delivery of the Goods.
5.2 The Customer shall pay the price of the delivered Goods (less any discount to which the Customer is entitled, but without any other deduction) unless agreed otherwise within 30 days from the date of the Supplier’s invoice.
5.3 If the Customer fails to make payment on the due date then:
5.3.1 The Supplier shall be entitled to charge the Buyer interest at the rate of 5% per annum above Bank of England the base rate at the current time from the date when payment becomes due until the date of payment.
5.3.2 Without prejudice to any other right or remedy available to the Supplier, the Company shall be entitled to cancel the Contract or suspend any further deliveries of the Goods to the Customer if payment and/or charges are not received within 3 months.
6.1 Delivery of the Goods shall be made by the Supplier delivering or procuring the delivery of the Goods to the Customer’s premises or such other address as is notified to the Company in advance of delivery.
6.1.1 Each standard delivery will be signed for as a proof of delivery. The Customer must accept that delivery occurred upon demonstration of proof of delivery by the Supplier or the Supplier’s procured delivery team.
6.1.2 The Customer has 30 days to dispute goods delivered from the date of delivery. If after this time no dispute is made, the Customer is liable to pay the full amount on the invoice.
6.2 Any dates quoted for delivery of the Goods are approximate and the Company shall not be liable for any delay in delivery of the Goods however caused.
6.3 If the Company is unable to fulfil the Order due to inadequate stock, the Company will advise the Customer prior to available goods being dispatched. The Order will be dispatched with the available goods and the Company will adjust billing/payment appropriately. The Company will advise the Customer that they need to reorder the out of stock products following the online selection tool, which will only allow ordering of items in stock.
6.3.1 The Customer will be able to cancel outstanding part-orders in writing to the Company.
6.4 If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions, the Company may store the Goods until actual delivery and charge the Customer for reasonable costs, including storage and re-delivery.
7. RETURNS, CANCELLATIONS AND SUBSTITUTIONS
7.1 Sometimes the goods specifications from the Company may change, in which case the Company will do their best to offer you a similar alternative. If you are not happy with the replacement or substitute you can return it in accordance with our 30-day money back guarantee noted in 8.3 below.
8. WARRANTIES, LIABILITY AND INDEMITY
8.1 The Company warrants that the sample provided on the Company’s website at the time of delivery offers an example of Goods that will be delivered. Variation may arise following review and reprint, at which stage the Company will provide an alternative as noted in 7.1 above.
8.2 The above warranty is given by the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions, whether oral or in writing, misuse or alteration of the Goods without the Company’s approval.
8.3 Any claim by the Customer which is based on any defect in the quantity, quality or condition of the Goods or their failure to correspond with sample provided on the Company’s website shall be notified to the Company at the earliest point of notice. The Customer shall be entitled to return the Goods and the Company shall reimburse any payment made by the Customer.
8.4 The Company shall not be liable to members of the public who receive Goods via their health professional or any other third party. It is the sole responsibility of the person issuing the Goods to the public to ensure it is suitable for use and application by the receiving member of the public.
8.5 Access to licenses (electronic resources) should always be made through the NDR-UK website, to ensure the user avails of the most up-to-date version.
9. INTELLECTUAL PROPERTY
9.1 The Customer acknowledges and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in the Company. The Customer is only permitted to use the Goods as expressly authorised by the Company.
9.2 The Customer acknowledges and agrees that the material and content contained within this website is made available for the Customers personal non-commercial use only and that the Customer may only download such material and content for the purpose of using this website. The Customer further acknowledges that any other use of the material and content of this website is strictly prohibited and agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10.1 NDR-UK owns the copyright for the information and images, unless otherwise stated. Copying publications is prohibited other than in accordance with our copyright notice.
In particular without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from NDR-UK:
Any use publication content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Chairman of the Nutrition and Diet Resources UK Board of Directors as at www.ndr-uk.org .
10.2 Detection of mis-use will lead NDR-UK to take action against organisation/individual at fault.
11.1 It is the sole responsibility of the person (suitably qualified health and care professional) issuing the Goods to the public to ensure it is suitable for use and application by the receiving member of the public.
11.2 CD resources carrying images used in specific publications are only to be used to support the development of education material to deliver the patient information resources for example PowerPoint presentations for group sessions. The images should not be used to create a patient information booklet (resource) the same or similar to the resource they are supporting and can only be used in the development of materials to support the delivery of these resources.
11.3 Detection of mis-use will lead NDR-UK to take action against organisation/individual at fault.